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Saroj Chandra Jha vs The State Of Bihar on 24 October, 2024 cites

Smt. Sureshta Devi vs Om Prakash on 7 February, 1991

In view of law laid down by the Hon'ble Supreme Court in the case of Smt. Sureshta Devi vs. Om Prakash; Smruti Pahariya vs. Sanjay Pahariya and Hitesh Bhatnagar vs. Deepa Bhatnagar (supra), it is clear that in a proceeding for divorce by mutual consent the parties can withdraw the consent for divorce at any point of time between the first motion and second motion. The consent can be withdrawn even after the first motion and if the same is withdrawn the contesting party cannot assert that the divorce has to be granted on the basis of mutual consent as if the consent once given is irrevocable. In the present case also, after the withdrawal of the consent by the opposite party no.2, the divorce by mutual consent, could not be granted and therefore, Patna High Court CR. REV. No.1104 of 2019 dt.24-10-2024 13/13 the Principal Judge, Family Court, has rightly considered the case of the opposite party no.2 for grant of maintenance and has found that the wife is unemployed and therefore, granted a meagre amount of Rs.3,500/- per month as maintenance to the opposite party no.2.
Supreme Court of India Cites 17 - Cited by 105 - K J Shetty - Full Document

Smruti Pahariya vs Sanjay Pahariya on 11 May, 2009

In view of law laid down by the Hon'ble Supreme Court in the case of Smt. Sureshta Devi vs. Om Prakash; Smruti Pahariya vs. Sanjay Pahariya and Hitesh Bhatnagar vs. Deepa Bhatnagar (supra), it is clear that in a proceeding for divorce by mutual consent the parties can withdraw the consent for divorce at any point of time between the first motion and second motion. The consent can be withdrawn even after the first motion and if the same is withdrawn the contesting party cannot assert that the divorce has to be granted on the basis of mutual consent as if the consent once given is irrevocable. In the present case also, after the withdrawal of the consent by the opposite party no.2, the divorce by mutual consent, could not be granted and therefore, Patna High Court CR. REV. No.1104 of 2019 dt.24-10-2024 13/13 the Principal Judge, Family Court, has rightly considered the case of the opposite party no.2 for grant of maintenance and has found that the wife is unemployed and therefore, granted a meagre amount of Rs.3,500/- per month as maintenance to the opposite party no.2.
Supreme Court of India Cites 18 - Cited by 35 - Full Document

Hitesh Bhatnagar vs Deepa Bhatnagar on 18 April, 2011

In view of law laid down by the Hon'ble Supreme Court in the case of Smt. Sureshta Devi vs. Om Prakash; Smruti Pahariya vs. Sanjay Pahariya and Hitesh Bhatnagar vs. Deepa Bhatnagar (supra), it is clear that in a proceeding for divorce by mutual consent the parties can withdraw the consent for divorce at any point of time between the first motion and second motion. The consent can be withdrawn even after the first motion and if the same is withdrawn the contesting party cannot assert that the divorce has to be granted on the basis of mutual consent as if the consent once given is irrevocable. In the present case also, after the withdrawal of the consent by the opposite party no.2, the divorce by mutual consent, could not be granted and therefore, Patna High Court CR. REV. No.1104 of 2019 dt.24-10-2024 13/13 the Principal Judge, Family Court, has rightly considered the case of the opposite party no.2 for grant of maintenance and has found that the wife is unemployed and therefore, granted a meagre amount of Rs.3,500/- per month as maintenance to the opposite party no.2.
Supreme Court of India Cites 15 - Cited by 56 - H L Dattu - Full Document
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